In a Monday letter to the Oshkosh Common Council, Madison-based attorneys Eric McLeod and Jeffrey Vercauteren warned that if the council passes the ordinance during its Tuesday meeting, it could spawn a lawsuit over personal property rights that could go on for years.

"As drafted, the proposed ordinance conflicts with state law restrictions on the ability of municipalities to regulate rental housing as well as protections afforded under the Fourth Amendment of to the United States Constitution," they wrote.

Neither City Manager Mark Rohloff nor City Attorney Lynn Lorenson were immediately available for comment on the letter or the constitutionality of the proposal.

The ordinance would require city inspections of all rental properties in the city every five years. Proponents say the inspections would help address ongoing health and safety concerns. Opponents, including the Oshkosh Chamber of Commerce, say the measure amounts to a "money grab" by the city and violates tenants' constitutional rights to unlawful search and seizure.

"Despite those good faith efforts by the Association, the ordinance before you continues to substantially and unnecessarily interfere with the property and privacy interests of the Association and its owners and residents, and the ordinance as proposed is contrary to applicable law," the attorneys wrote.

Among their criticisms about the proposed ordinance are that it does not say tenants or owners may refuse inspections, does not define what types of violations inspectors will be looking for and does not specify what the mandatory fees will be.

Tenants may refuse to allow inspectors into their homes, said John Zarate, the city's chief building official. In those cases, inspectors would do what they can from the right-of-way. If they notice major violations on a home's exterior that cause them to suspect other violations inside the home, inspectors may ask a judge to issue a special inspection warrant.

Although not part of the formal ordinance, Zarate said the current plan is to charge landlords $150 for a single-family home and an additional $75 a unit for multi-family buildings. In addition, the city has created a checklist of violations inspectors would look for.

Reach Nathaniel Shuda at 920-426-6632 or nshuda@thenorthwestern.com; on Twitter: @onwnshuda.